2002 Legislation
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HOUSE BILL NO. 578 – Mentally ill, involntry comtmnt/whn

HOUSE BILL NO. 578

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Daily Data Tracking History



H0578.................................................by HEALTH AND WELFARE
MENTALLY ILL - INVOLUNTARY COMMITMENT - Repeals and adds to existing law to
provide procedures for the involuntary temporary commitment of an adult to
a local mental health authority or mental health facility.
                                                                        
02/07    House intro - 1st rdg - to printing
02/08    Rpt prt - to Health/Wel

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 578
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE HOSPITALIZATION OF THE MENTALLY ILL; REPEALING SECTION 66-326,
  3        IDAHO CODE; AMENDING CHAPTER 3, TITLE 66, IDAHO CODE, BY THE ADDITION OF A
  4        NEW SECTION 66-326, IDAHO CODE, TO PROVIDE PROCEDURES WHERE AN  ADULT  MAY
  5        BE  INVOLUNTARILY COMMITTED TEMPORARILY TO A LOCAL MENTAL HEALTH AUTHORITY
  6        OR MENTAL HEALTH FACILITY.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 66-326, Idaho Code, be, and the  same  is  hereby
  9    repealed.
                                                                        
 10        SECTION  2.  That  Chapter  3,  Title  66, Idaho Code, be, and the same is
 11    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 12    ignated as Section 66-326, Idaho Code, and to read as follows:
                                                                        
 13        66-326.  TEMPORARY COMMITMENT. (1) An adult may be involuntarily committed
 14    temporarily to a local mental health authority upon:
 15        (a)  Written  application  by a responsible person who has reason to know,
 16        stating a belief that the individual is likely to cause serious injury  to
 17        himself  or  others if not immediately restrained and stating the personal
 18        knowledge of the individual's condition or  circumstances  which  lead  to
 19        that belief; and
 20        (b)  A  certification  by  a  licensed  physician or a designated examiner
 21        stating that the physician or designated examiner has examined  the  indi-
 22        vidual within a three (3) day period immediately preceding that certifica-
 23        tion and that he is of the opinion that the individual is mentally ill and
 24        because of his mental illness is likely to injure himself or others if not
 25        immediately restrained.
 26        (2)  Application  and certification as described in subsection (1) of this
 27    section authorizes any peace officer to take the individual into  the  custody
 28    of  a  local  mental  health  authority  and  transport the individual to that
 29    authority's designated facility.
 30        (3)  If a duly authorized peace officer observes a person involved in con-
 31    duct that gives the peace officer probable cause to believe that the person is
 32    mentally ill as defined in subsection (l) of section 66-317, Idaho  Code,  and
 33    because  of  that  apparent  mental illness and conduct there is a substantial
 34    likelihood of serious harm to that person or others  pending  proceedings  for
 35    examination  and  certification  under this chapter, the officer may take that
 36    person into protective custody. The peace officer shall  either  transport  or
 37    cause the person to be transported to the designated facility or the appropri-
 38    ate  mental  health authority pursuant to this section, either on the basis of
 39    his own observation or on the basis of a licensed  physician's  or  designated
 40    examiner's  observation  that  has  been  reported to the peace officer by the
 41    licensed physician or designated examiner. Immediately thereafter the  officer
 42    shall place the person in the custody of the local mental health authority and
                                                                        
                                           2
                                                                        
  1    make  application  for  commitment  of  that person to the local mental health
  2    authority. The application shall be on a prescribed form and shall include the
  3    following:
  4        (a)  A statement by the peace officer that he believes, on  the  basis  of
  5        personal  observation  or on the basis of a licensed physician's or desig-
  6        nated examiner's observation reported to him by the licensed physician  or
  7        designated examiner, that the person is, as a result of mental illness, of
  8        substantial and immediate danger to himself or others.
  9        (b)  The specific nature of the danger.
 10        (c)  A  summary  of  the observation upon which the statement of danger is
 11        based.
 12        (d)  A summary of facts which called the person to the  attention  of  the
 13        officer.
 14        (4)  A  person  committed  under this section may be held for a maximum of
 15    twenty-four (24) hours, excluding Saturdays, Sundays and legal  holidays.   At
 16    the expiration of that time period, the person shall be released unless appli-
 17    cation  for  involuntary  commitment  has  been  commenced pursuant to section
 18    66-329, Idaho Code.  If that application has been made, an order of  detention
 19    may  be entered under section 66-329, Idaho Code.  If no order of detention is
 20    issued, the patient shall be released unless he has made a voluntary  applica-
 21    tion for admission.
 22        (5)  Transportation  of  mentally ill persons pursuant to subsections (1),
 23    (2) and (3) of this section shall be conducted by the appropriate municipal or
 24    city police or  county  sheriff  or  under  the  appropriate  law  enforcement
 25    entity's  authority  by  ambulance  to  the extent that such transportation by
 26    ambulance is necessary.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 11586

This legislation provides for a mechanism to hold mental patients
for proper evaluation if there is a reason to believe they could
cause harm to themselves or others.     

                          FISCAL IMPACT

No fiscal impact

Contact
Name: Representative Loertscher 
Phone: 208-332-1184




STATEMENT OF PURPOSE/FISCAL NOTE                       H 578